A Toronto criminal defence lawyer who was shot outside his law office last September says Halton police officers didn’t act fast enough to apprehend what was clearly a “very dangerous” man.

On the afternoon of Sept. 20, J. Randall Barrs was standing beside his Mercedes parked outside his Bedford Road office when he was shot twice by a man wearing a construction vest and a blonde wig.

Seconds later, the man in the disguise was shot by an undercover Halton police officer while he attempted to flee.

Both Barrs and the suspect recovered from their injuries.

On Wednesday, the province’s Special Investigations Unit cleared the Halton officer involved in the incident, saying he was “acting in the course of his duties” when he fired at the suspect.

In its decision, the SIU revealed that 51-year-old Grayson Delong was being monitored by a team of Halton police officers since 9 a.m. that day, after he made a court appearance in Brampton.

The officers followed Delong first to Sherway Gardens shopping centre in Etobicoke where he was spotted receiving something in a paper bag from someone in another vehicle. They then followed him to downtown Toronto where they watched him park on Admiral Road – blocks from Barrs’ office – and exit his vehicle wearing the unusual getup.

Delong was then observed walking into a nearby parkette, where he stayed for about an hour, before officers became concerned that he was going to commit a robbery.

At that point, the SIU says the Halton officer called Toronto police for backup.

Shortly after 3 p.m., Delong got back into his car and drove to Bedford Road where he parked across from Barrs’ office. The SIU says the undercover officer then approached Delong’s vehicle on foot and saw Delong “slouched down in the rear passenger seat” still wearing his disguise.

“Suddenly, Mr. Delong exited the vehicle and ran up behind a male individual, who was standing at the rear of a vehicle in the driveway of the property at 23 Bedford Road,” the SIU says. “As the male slowly turned around, Mr. Delong discharged a semi-automatic pistol. The male suffered gunshot wounds and fell to the ground.”

Speaking to reporters from his Bedford Road law office Thursday, Barrs said Delong was “arrestable” long before those shots were fired.

Barrs said he looked into Delong’s criminal history and found that he was out on his own recognizance.

Delong had prior convictions including assault, assaulting a police officer and break-and-enter.

“The officers that apparently shot him walked by his car and saw him sort of slumped down in the driver’s seat. Now, is it at that point that he goes and he hides, I don’t know, but again I say, what are they waiting for? What do they think he’s going to do?” he said.

“Given the guy’s background, given that he’s disguised with intent, given the history we have in this city of this type of disguise being used… The paper bag, walking in the park, driving as fast as he can from Admiral to the front of the building… What are they waiting for? They’re waiting for something to happen. They’re totally protected. When something is going to happen, they’re not in any danger. Delong as far as I’m concerned should’ve been arrested at the park while he was wandering amongst those kids.”

Reading from the SIU’s report, Barrs suggested that Delong wasn’t the only one involved in the shooting.

Barrs said that, based on Delong’s position on Admiral Road at the time, the only way he would have known he was standing in the driveway was if someone called Delong to tell him his whereabouts.

“I understand that he had parked at Bedford and was waiting for someone, presumably me. It always troubled me as to how he knew I was going to be out and about. I wasn’t even supposed to around that day, I wasn’t supposed to be in at all,” he said. “But as it turned out, the news release says he parked his vehicle on Admiral Road. If you know the area, you cannot see this driveway from anywhere on Admiral Road. There was another person looking out for me.”

After Barrs was shot, the SIU says the Halton cop ran after Delong, who was getting back into his vehicle carrying the gun.

The officer shouted “Police!” three times with his gun drawn before firing several shots at the driver’s window. The car jerked slightly and slowly started rolling forward before other officers drove their vehicles toward Delong’s to stop it from moving.

“According to this news release, it’s only when he’s inside his car and starting to escape, staring to run away – which is what cowards like him do – it’s only at that point that the officer moves on him with his gun out. Before that, he just walked by his car,” he said.

“As far as I’m concerned there were some serious errors made and I didn’t have to get shot that day and even Mr. Delong didn’t’ have to get shot but that’s not the case now and it’s a miracle that I’m here talking to you. It’s a bigger miracle that some other people weren’t killed that day.”

Barrs said he agrees with the SIU’s decision to clear the Halton officer who shot Delong but has qualms about other tactics taken.

In his report, SIU director Tony Loparco said Delong “was not arrestable for any offences prior to his approaching the male and discharging a firearm.”

Barrs disagrees.

“He’s disguised, with intent to commit a criminal offence of robbery, an extremely dangerous situation. He’s got a paper bag and we all know, as a matter of common sense, that it didn’t contain his lunch,” he said.

“Nobody’s complaining about them shooting Delong but the guy could have been arrested way before this happened. This could have been a lot worst. I mean, it was a shootout in broad daylight, on a sunny day with people all over the place.”

Barrs intends on launching civil action against the Halton Regional Police Service, Toronto police, Ontario Provincial Police and the SIU for their roles in the incident and subsequent investigation.

Meanwhile, Delong, who has been charged with attempted murder and a list of other offences, is expected at College Park courts in June.